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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ok my best friend died suddenly, on the 5th September 2016

Resolved Question:

ok my best friend died suddenly, on the 5th September 2016 unfortunately she was still married to someone(lasted only a year) but hadn't been with him for the last 9 years whilst he was with my friend he enjoyed spending all her money from her dead fiances inheritance.
Since her death he contacted a solicitor even when her machine was still keeping her alive to donate her organs.
He has instructed his solicitor to go to the house where here now fiance of almost 9 years is still residing who i might say has been paying most if not all the bills. They went through all her personal belongings and now her (ex ) husband has denied her family and her fiance the ashes. He has now instructed that my friends fiance has two weeks to vacate the property. My friend and her (ex)husband had one child together but she also has two older children one being the dead fiances daughter is there nothing they can do. P.S THE EX HAS NO MONEY TO TAKE MY FRIENDS FIANCE TO COURT.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
PLEASE COULD I HAVE AN ANSWER
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who owned the property?

How much is the property worth and how much is outstanding on the mortgage

Customer: replied 1 year ago.
MY FRIEND
I THINK THAT THE PROPERTY IS WORTH APPROX £100,000 NOT SURE BUT NOT A HUGE AMOUNT AS IT WAS INITIALLY BOUGHT OUTRIGHT AND A SMALL MORTGAGE TAKEN OUT AFTER SHE MOVED IN TO MODERNISE ETC
Customer: replied 1 year ago.
SURELY HER CHILDREN HAVE MORE RIGHTS AS HE HASNT BEEN IN THE MARITAL HOME FOR MORE THAN 8 YEARS
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

How old are the children?

How long has the fiancee lived with her?

Customer: replied 1 year ago.
CHILDREN ARE 28 20 AND 11 THE YOUNGEST TO THE ESTRANGED EX
THE FIANCEE HAS LIVED WITH HER FOR 8 YEARS
Customer: replied 1 year ago.
THE 11 YEAR OLD LIVES WITH HER DAD
Customer: replied 1 year ago.
BUT HAS ALWAYS CLASSED IT AS HER HOME ALSO
Customer: replied 1 year ago.
ALTHOUGH NOT A GREAT DEAL OF PROOF BUT FIANCEE PAID THE MORTGAGE AS WELL HE STATED THAT THE MORTGAGE WAS ALWAYS DUE MIDDLE OF MONTH AND MY FRIEND WAS PAID AT END OF EVERY MONTH THEREFORE HE USED TO DRAW THE CASH OUT TO GIVE TO MY FRIEND TO PAY THE MOTGAGE
Customer: replied 1 year ago.
HOPEFULLY YOU HAVE SOME ADVICE
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
THE EX WAS ALSO HANDY WITH HIS FISTS VERY MANIPULATIVE AND PERSUADED MY FRIEND TO BUY 2 SUPERBIKES INCLUDING BIKER LEATHER CLOTHING TOP TO TOE AND VERY BIG GOLD CHAINS. HE ALSO GOT A BUSINESS, COURSE AND VAN OUT OF MY FRIEND AND SHE HAD TO FOOT THE BILL FOR THE WEDDING HE GAVE UP HIS JOB AND SPENT MOST DAYS AT THE GYM
Customer: replied 1 year ago.
YOU HAVE GONE QUIET
Expert:  Clare replied 1 year ago.

Sorry - how long has the youngest lived with her father?

Customer: replied 1 year ago.
FROM A VERY EARLY AGE BUT WHILE ALIVE IT WAS PRETTY MUCH 50 50
Customer: replied 1 year ago.
IT WAS A MUTUAL AGREEMENT BETWEEN THE TWO PARENTS
Customer: replied 1 year ago.
IS THERE ANYTHING WE CAN DO
Customer: replied 1 year ago.
FIANCEE HAS BEEN GIVEN 2 WEEKS I NEED ANY ADVICE YOU CAN OFFER
Customer: replied 1 year ago.
I guess you can't help
Expert:  Clare replied 1 year ago.

The fiance has a claim on the equity in the house because of the length of time they have lived together - he could potentially claim anywhere between 25% and 50% of the equity.

He is also entitled to at least 28 days written notice to leave - and indeed could argue for 56 days..

As a starting point the fiance should write to the husband saying that if no proper agreement is made for a reasonable notice period

to be given then he will apply to the court for an Occupation Order.

In addition he should put the husband on Notice that he intends to make an application under the Trusts of Land and Appointment of Trustees Act for a share of the equity unless a figure is negotiated with him

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
what about the ashes the husband although hasnt been apart of my friends life for over 8 years has requested via his solicitor to have the ashes against the wishes of her fiancee and her two older children who had other things in mind for them my friend would be turning in her so called grave if she knew this. This demand on his side is another control game and to hurt my friends family even further none of my friends family or her to older children bonded with him because of what he did while she was alive.
Expert:  Clare replied 1 year ago.

Who paid the bill for the funeral?

Customer: replied 1 year ago.
initially her fiancee signed for everything i think the ex is insisting he pays also but nothing has been finalised yet
Expert:  Clare replied 1 year ago.

If her fiance pays the bill then he is entitled to the ashes.

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